2600027
C.S. 20A
DESPATCH CONFIDENTIAL
SAVINGRAYM
From the Governor, Hong Kong ommonwealth Affairs To the Secretary of State for CataniXES
Repeated to:-
Repeated to:—
Date..
My Reference..
Your Reference...
708
No.
No.
No.
P.14.
(a) as including :-
Interpretation.
"Public Body" is defined in the Interpretation Ordinance
The Executive Council;
the Legislative Council;
the Urban Council;
(i)
(ii)
(iii)
(iv)
(v)
any department of the Government, and
any undertaking by or of the Government.
any other urban, rural or municipal council;
(vi)
(b)
"Offensive weapons" - This definition is taken from the U.K. Prevention of Crime Act 1953, which has been modified by adding the words "or suitable" and "or bysome other person". The English Act has given rise to a number of cases which should assist in interpreting this phrase.
(c)
"Public Meeting" The comments here are typical lawyers' quibbles which can be applied to practically any law. The ordinance is not intended to cover private tea parties, for which licences will not be needed, since these will either take place in private homes, or in restaurants to which the public do not have access, as members of the public, though they may do as customers. Before the ordinance was enacted, it was agreed that individual licenses would not be necessary in places of public entertainment licensed under the Places of Public Entertainment Ordinance. If friends argue in such a way as to make persons reasonably fear a breach of the peace, then they would be an unlawful assembly. Such a reasonable fear would not arise unless the argument reached a violent pitch. This would be the position at Common Law also. The example of the teaspoon might be technically correct, but for the Crown to prosecute in such a case would be to invite ridicule. Legal offences often cover a wide range of conduct much of which, in practice, does not form the basis of prosecutions. It is, for example, unlawful wounding to draw blood by pricking someone else's finger with a pin, but it would be ridiculous to prosecute for this.
CONFIDENTIAL
cont/.........